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The Canadian government has restated that it won't allow liquefied natural gas tankers through Canadian waters to reach LNG terminals on the Maine side of Passamaquoddy Bay.
In a letter earlier this month to the Federal Energy Regulatory Commission, New Brunswick Premier Shawn Graham said LNG tankers heading through Head Harbour Passage, which are Canadian waters, enroute to a proposed terminal in Robbinston would have several adverse impacts, including threats to public safety and security, environmental degradation and "potentially significant economic harm in a region of New Brunswick that is fundamentally dependent on the pristine ecosystem of the Passamaquoddy Bay region for its economic well-being."
The letter is a response to FERC's draft environmental impact statement of Downeast LNG's plan for a 320,000-cubic-meter LNG terminal, storage tanks, regasification plant and a pier on an 80-acre site on Passamaquoddy Bay in Robbinston. Graham leaves little room for negotiation in the letter. "The impacts are not minimal or insignificant and many cannot be mitigated under any circumstances."
FERC's draft impact statement, released in May, said Downeast LNG's proposal has some adverse environmental impacts, but that they could be "reduced to less-than-significant levels" by the company's proposed mitigation efforts and additional recommendations included in the draft environmental impact statement. Read the entire draft impact statement.
Dean Girdis, president of Downeast LNG, told The Quoddy Tides he was not surprised by Graham's comments, but he did question Canada's ability to stop LNG tankers from using Head Harbour Passage. He maintains -- and says the U.S. government agrees -- that vessels have a right of innocent passage through the waterway under the United Nations' Laws of the Sea Treaty.
John Napolitano's attempt to liken Canaport LNG at Saint John, NB, to the LNG proposals in Passamaquoddy Bay fails the comparison.
Canaport is 5 miles (as the crow flies) from Saint John, in a rural area, adjacent to an oil refinery -- already a hazard zone. Canaport is a straight shot from open water, and is itself on open water. Canaport does not require LNG vessels to place civilian populations within Hazard Zones. The opposite is true of the Passamaquoddy Bay LNG proposals -- proposals that would place thousands on both sides of the border in the transiting ships' federally-defined Hazard Zones.
History protects no one. Circumstances determine outcomes. The LNG industry's enviable safe record in recent decades is largely because the industry has abided by SIGTTO terminal siting best practices. The LNG proposals in Passamaquoddy Bay violate those best practices.
The claim that the US is a signatory to UNCLOS is a red herring. It ignores that the US Congress has refused to ratify participation in the treaty. The US is not a participant; thus, the US has no rights under UNCLOS.
Additionally, Congress requires the US Coast Guard to either deny or authorize LNG transits in those same Canadian waters. That negates any ramifications of UNCLOS. Since all sovereigns are equal, and since the US claims to have authority to deny passage through Canadian waters into Passamaquoddy Bay, then Canada has that same authority. Canada has already rendered its decision.
Canadian officials who oppose the passage of LNG tankers through Head Harbor Passage based on enviromental and safety concerns should consider the Canaport LNG terminal recently permitted in St. John, New Brunswick. St. John Harbor, home to the terminal, is more densely populated area than Passamaquoddy Bay and presents its own set of navigational challenges: strong tides, difficult approach and more vessel traffic. A May 2004 report prepared by the Canadian Department of the Enviroment and the Provincial government on the Canaport facility, stated that the LNG shipping industry has an excellent safety record and that catestrophic failure of an LNG carrier is not considered a credible event given the design of the vessels and their marine safety record.
The LNG industry has a proven safety record and has invested in technology and infrastructure intended to limit the risk of any safety incident. In 40 years that LNG has been transported by vessel, no release of LNG that affected the public has been reported from an LNG carrier.
The State Department stance is that all commercial vessels including LNG tankers, have a nonsuspendable right of passage into and out of the region through Head Harbor Passage. The right of innocent passage has been recognized for years under international law UNCLOS ratified by Canada in 2003 and to which the United States is signatory.
Please look at the Head Harbour Lightstation website photos to see the whale population that lives in and around Head Harbour Passage. These finbacks are like gold to our economy.
http://www.flickr.com/photos/headharbourlight/sets/72157621169606566/
These magnificant creatures and the porpoise and seals and herring that feed them are the foundation of the local economy. Industrialization will displace them.
I was out at Head Harbour Lightstation today. It is a beautiful lightstation right at the tip of Campobello at the entrance to Head Harbour Passage, the only entrance for large ships into the internal bays. I sat on the rocks facing the Bay of Fundy, a vast blue grey horizon with the islands of the Wolves breaking the horizon. It was very calm and I could hear whales surfacing and breathing all over the bay. Around me, close in to the rocks were five finback whales. There were two who have traveled together for two years now; I remember them from last year. They are always moving in sinc with each other, probably a cow and an older calf. There is a huge male that yesterday was really close in to the rocks, you can really hear them spout and breathe and you can sometimes hear a kind of groan as they go back into the water. There are several younger whales, all right around the entrance to the Passage and in Head Harbor passage. I wish you could sit there with me for a while and feel the majesty of these wonderful creatures. They are feeding on herring that comes out of the passage from the internal bays. The whales arrive just as the tide turns, they know when and where to come. There were maybe a hundred small harbour porpoise coming and going into Head harbour Passage, also from the internal bays. They were also feeding on the herring. I could hear them puff their breath as the came up and dove. Sitting there made me aware of the timeless majesty of these beautiful creatures that have been here for many thousands of years and consider this their home. They depend on this passage as much as you depend upon your home. All the communities around the Passage also depend upon the presence of the whales, porpoise, herring and sea life for their living. We are interconnected.
http://www.flickr.com/photos/headharbourlight/sets/72157621169606566/
Canada's opposition to LNG facilities in Passamaquoddy Bay is entirely consistent with world LNG terminal siting best practices (SIGTTO -- Society of International Gas Tanker and Terminal Operators; representing over 95% of the world LNG industry).
The qualities of Passamaquoddy Bay and its approach cannot be mitigated to comply with those best practices. One primary violation is LNG transits would place civilian populations within Federal Hazard Zones. Those Hazard Zones are areas where vapors from an LNG release could kill or harm civilians and damage or destroy civilian assets.
Long, winding inland transits where rocky ledges, high tides, and fast currents are present are additional violations of best practices.
The Canaport LNG terminal is 5 miles from Saint John, New Brunswick, and is a direct approach from open water. It does not require transits past numerous communities, as the Passamaquoddy Bay transits would.
For more on this issue, see http://www.LNGTSS.org
Premier Graham is just playing to his wealthy retiree NIMBY constituents in St. Andrews. He knows that under international law Canada has no ability to stop ship passage.
That said, NB needs to recognize that taking this position has consequences. It definately should influence Maine's position on the electricity corridor for Canadian power through our state.
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Work for ME is a workforce development tool to help Maine’s employers target Maine’s emerging workforce. Work for ME highlights each industry, its impact on Maine’s economy, the jobs available to entry-level workers, the training and education needed to get a career started.
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